City of Ocala employees voting on union membership

Published: Friday, July 26, 2013 at 5:04 p.m.

Last Modified: Friday, July 26, 2013 at 5:04 p.m.

City of Ocala employees have until Aug. 15 to decide whether to join the International Brotherhood of Electrical Workers Local 1205 in Gainesville.

There are 411 rank-and-file employees eligible to vote. There are no supervisory employees included in the bargaining unit.

After IBEW requested the vote, the state's Public Employees Relations Commission issued an order directing that a secret ballot election be held.

When the commission issued the order in June, the city of Ocala filed a motion asking for an on-site election, stating that the on-site election will ensure a fair and uncontested election and avoid the possibility of lost or misplaced ballots and provide safeguards against fraud and improper conduct.

Local 1205 filed a motion requesting a mail-in ballot, stating that the mail ballot will prevent the disenfranchisement of workers who are on vacation or absent from work due to part-time flexible work hours.

PERC sided with the union and ordered a mail ballot.

Ballots were mailed to the employees beginning on July 23 and are due at the commission's office in Tallahassee by 10 a.m. Aug. 15.

Both the city and union have held meetings with the employees to present their sides, which is permissible. However, neither side may promise the employees any benefits or threaten them with reprisals.

The City Council did have a closed meeting regarding the union activities.

"One of the reasons we haven't said anything about it — we have to be very careful not to appear that we are swaying the vote," Councilman John McLeod said.

Councilman Jay Musleh said he has seen the literature presented to employees by both the city and union.

He said he believes the recent decisions by the City Council to cut back on the benefits offered through the General Employees Pension Plan and salary cost of living adjustments has precipitated the upcoming vote.

"I understand that," said Musleh, who is a senior vice president at Gateway Bank of Central Florida. "Our bank's gone through the same thing."

He said Gateway had not offered merit or salary increases for three to four years.

"I hate to see the union come in, but that's one thing this country is about. If the employees elect to join it and gain 50 percent plus one (votes), a union it will be. That's the American way."

But he added that the pension plan for general employees was not sustainable and citizens have told him that the city cannot afford the increasing cost of benefits.

If the union prevails, employees still have the right not to join the union.

The possibility that employees might vote for a union has never been discussed openly at a City Council meeting.

"It just never came up," Musleh said. "It's not like there's anything to discuss. It's in the hands of the employees."

He said he has had one-on-one meetings with city management but "there's not a lot they can brief you on."

Neither the union's attorney, Paul A. Donnelly of Gainesville, nor the city's attorney, Wayne Helsby of Winter Park, could be reached for comment on Friday.

Robert Altman, president of the Professional Firefighters of Ocala, IAFF Local 2135, said Ocala's fire and police unions are supporting the general employees' efforts to unionize.

"They are doing it by mail out, home vote, so they should have a pretty good chance," Altman said.

Past efforts to unionize the city's general employees have failed.

Steve Meck, PERC's general counsel, said public employees have a constitutional right to collective bargaining.

Meck said the integrity of the mail-in election is the same as in general elections, when people request and receive ballots at home. He said there are two envelopes included with the ballot.

One, that is addressed to PERC, has a code number that corresponds with the list of employees approved for the bargaining unit. The other is the secret ballot envelope in which the ballot is placed.

The secret ballot envelope is placed inside the addressed envelope and sent to PERC. The codes will be checked for validity and the outside envelope opened.

The ballot envelope will be removed and the two envelopes will be separated to ensure the secrecy of the ballot. The ballot envelopes will then be opened and the ballots will be mixed together. The ballots will then be counted by the commission election staff in front of observers for the city and the union.

The election is decided by a majority vote of 50 percent plus one of those who voted. Once the votes are counted, there is a 15-day waiting period to allow for any objections about the conduct of the elections or actions of the opposing parties.

If there are no objections, the commission certifies the election. If there are objections, then a hearing is held which could delay the election.

<p>City of Ocala employees have until Aug. 15 to decide whether to join the International Brotherhood of Electrical Workers Local 1205 in Gainesville.</p><p>There are 411 rank-and-file employees eligible to vote. There are no supervisory employees included in the bargaining unit.</p><p>After IBEW requested the vote, the state's Public Employees Relations Commission issued an order directing that a secret ballot election be held.</p><p>When the commission issued the order in June, the city of Ocala filed a motion asking for an on-site election, stating that the on-site election will ensure a fair and uncontested election and avoid the possibility of lost or misplaced ballots and provide safeguards against fraud and improper conduct.</p><p>Local 1205 filed a motion requesting a mail-in ballot, stating that the mail ballot will prevent the disenfranchisement of workers who are on vacation or absent from work due to part-time flexible work hours.</p><p>PERC sided with the union and ordered a mail ballot.</p><p>Ballots were mailed to the employees beginning on July 23 and are due at the commission's office in Tallahassee by 10 a.m. Aug. 15.</p><p>Both the city and union have held meetings with the employees to present their sides, which is permissible. However, neither side may promise the employees any benefits or threaten them with reprisals.</p><p>The City Council did have a closed meeting regarding the union activities.</p><p>"One of the reasons we haven't said anything about it — we have to be very careful not to appear that we are swaying the vote," Councilman John McLeod said.</p><p>Councilman Jay Musleh said he has seen the literature presented to employees by both the city and union.</p><p>He said he believes the recent decisions by the City Council to cut back on the benefits offered through the General Employees Pension Plan and salary cost of living adjustments has precipitated the upcoming vote.</p><p>"I understand that," said Musleh, who is a senior vice president at Gateway Bank of Central Florida. "Our bank's gone through the same thing."</p><p>He said Gateway had not offered merit or salary increases for three to four years.</p><p>"I hate to see the union come in, but that's one thing this country is about. If the employees elect to join it and gain 50 percent plus one (votes), a union it will be. That's the American way."</p><p>But he added that the pension plan for general employees was not sustainable and citizens have told him that the city cannot afford the increasing cost of benefits.</p><p>If the union prevails, employees still have the right not to join the union.</p><p>The possibility that employees might vote for a union has never been discussed openly at a City Council meeting.</p><p>"It just never came up," Musleh said. "It's not like there's anything to discuss. It's in the hands of the employees."</p><p>He said he has had one-on-one meetings with city management but "there's not a lot they can brief you on."</p><p>Neither the union's attorney, Paul A. Donnelly of Gainesville, nor the city's attorney, Wayne Helsby of Winter Park, could be reached for comment on Friday.</p><p>Robert Altman, president of the Professional Firefighters of Ocala, IAFF Local 2135, said Ocala's fire and police unions are supporting the general employees' efforts to unionize.</p><p>"They are doing it by mail out, home vote, so they should have a pretty good chance," Altman said.</p><p>Past efforts to unionize the city's general employees have failed.</p><p>Steve Meck, PERC's general counsel, said public employees have a constitutional right to collective bargaining.</p><p>Meck said the integrity of the mail-in election is the same as in general elections, when people request and receive ballots at home. He said there are two envelopes included with the ballot.</p><p>One, that is addressed to PERC, has a code number that corresponds with the list of employees approved for the bargaining unit. The other is the secret ballot envelope in which the ballot is placed.</p><p>The secret ballot envelope is placed inside the addressed envelope and sent to PERC. The codes will be checked for validity and the outside envelope opened.</p><p>The ballot envelope will be removed and the two envelopes will be separated to ensure the secrecy of the ballot. The ballot envelopes will then be opened and the ballots will be mixed together. The ballots will then be counted by the commission election staff in front of observers for the city and the union.</p><p>The election is decided by a majority vote of 50 percent plus one of those who voted. Once the votes are counted, there is a 15-day waiting period to allow for any objections about the conduct of the elections or actions of the opposing parties.</p><p>If there are no objections, the commission certifies the election. If there are objections, then a hearing is held which could delay the election.</p><p>"That doesn't happen very often," Meck said.</p><p><i>Contact Susan Latham Carr at 867-4156 or susan.carr@starbanner.com.</i></p>